In State v. Melendrez, what charge was filed when a chaperone was killed by a DWI driver?

• A. Vehicular homicide
• B. Negligent manslaughter
• C. Child abuse
• D. Assault

Answer: (C)

The key idea is that child protection statutes can apply when a caregiver responsible for minors is harmed, because the law aims to safeguard the welfare and supervision of children who are in the care of adults. In State v. Melendrez, the driver’s intoxicated operation ended in the death of a chaperone who was supervising minors. The theory for charging under a child abuse statute is that the offender’s conduct deprived the children of the supervision and safety provided by that adult. Even though the victim was an adult, the case centers on the harm to someone whose role is to look after children, and thus it implicates the safety and well-being of the children in the group. That protective purpose fits the charge of child abuse more closely than the other options.

Vehicular homicide would focus on causing a death by the vehicle itself, but the specific charging theory here targets the impact on child welfare due to the lack of supervision. Negligent manslaughter requires a particular standard of negligence tied to causing a death, which doesn’t capture the caregiving context as directly. Assault involves intentional force against a person, which isn’t the focus when the concern is the risk to children from a caregiver’s absence. So the child abuse charge is the best fit because it aligns with safeguarding minors by addressing the consequences of harming someone entrusted with their care.